1. ONTARIO HUMAN RIGHTS CODE PROTECTION FROM DISCRIMINATION IN THE WORKPLACE

2. SCOPE OF THE CODE  SERVICES, GOOD AND FACILITIES  OCCUPANCY OF ACCOMODATION  CONTRACTS  EMPLOYMENT  MEMBERSHIP IN VOCATIONAL ASSOCIATIONS AND TRADE UNIONS

3. PROHIBITED GROUNDS OF DISCRIMINATION  RACE—skin colour, hair texture, facial characteristics  ANCESTRY—family descent  PLACE OF ORIGIN—country or region  COLOUR—associated with race

4. PROHIBITED GROUNDS OF DISCRIMINATION  ETHNIC ORIGIN—Social, cultural, religious practices  CITIZENSHIP—membership in a state or nation  SEX—gender or pregnancy  SEXUAL ORIENTATION—homosexual, bisexual or heterosexual

5. PROHIBITED GROUNDS OF DISCRIMINATION  HANDICAP—physical disability, learning disability, developmental disability  AGE—18-65 years (employment) 16+ years (accommodation) 18+ years (all other areas)

6. PROHIBITED GROUNDS OF DISCRIMINATION  MARITAL STATUS—cohabitation, widowhood, separation, same-sex partners  FAMILY STATUS—parent/child relationship  RECORD OF OFFENCES—Provincial offences or pardoned federal offences  RECEIPT OF PUBLIC ASSISTANCE— housing only

7. EXCEPTIONS  Organization that serves a group protected by the Code  Employer may choose to hire or not hire, promote or not promote a spouse, child, parent of the spouse, child of a parent of an employee

8. EXCEPTIONS  May discriminate on basis of: Age Sex Record of offences Marital status IF Genuine requirements for the job. Must consider if any accommodation can be made

9. HARASSMENT  Engaging in a course of annoying or provoking behaviour (comment or conduct) which is known or ought reasonably to be known to be unwelcome

10. HARASSMENT  Must occur several times to be considered harassment  May be intentional or unintentional  Key word is UNWELCOME  Sometimes it is necessary to point out that certain behaviour is causing discomfort

11. HARASSMENT  Education: Because education is a service, Students who harass another because of race, sex, sexual orientation, disability, religion, etc. could find themselves at the end of a complaint with the Ontario Human Rights Code

12. SEXUAL HARASSMENT  Occurs when someone receives unwelcome sexual attention and the person making the comments or showing such conduct knows or should reasonably know that the comments or behaviour are offensive, inappropriate, intimidating or hostile.

13. SEXUAL SOLICITATION  An invitation to participate in some form of sexual activity.  It could include requests to go out  Applies to supervisors or persons in a position of authority.  Violation when a supervisor threatens or penalizes an employee for not complying with demands

14. POISONED ENVIRONMENT  Is created by comments or conduct that ridicule or insult a person or group protected under the Code.  Can be created for individuals for whom the insults are not necessarily directed

15. CONSTRUCTIVE DISCRIMINATION  Occurs when a seemingly neutral requirement has a discriminatory impact (adverse impact)  To avoid constructive discrimination: Job requirement must be bona fide Person cannot be accommodated without undue hardship to the employer

16. DEFINITIONS Neutral Requirement  A requirement that, on the surface, appears to be unbiased Adverse Impact  Having a harmful result. Treating everyone the same will have negative effect on some but not others

17. DEFINITIONS Accommodation (in employment)  To adapt, adjust or eliminate existing job requirements or conditions to enable a person to perform the essential duties. Undue Hardship  Alters the essential nature of the business, affect its economic viability or pose a substantial health or safety risk.

18. SYSTEMIC DISCRIMINATION  Discrimination that is part of the operating procedures of the organization  Denies whole groups of people their rights or excludes them from participation

19. SYSTEMIC DISCRIMINATON Examples:  Racism or prejudice Those in positions of authority act on personal beliefs. Example: Only promoting white males  Biases May mean people are treated differently. Example: Women in clerical positions; men in sales positions.

20. YOUR TURN Read and answer the questions to the package of case studies based on this slide show. Your responses should include the use of appropriate terminology